National Republican., 1887-07-15
THE "REPuBLrcAN's" TIPS.
AN APPEAL TO TIE SYNOD.
DR.. Sunderland Files His Exceptions
DR.. Spear Indorses the Defense.

DR.. Spear Indorses the Defense.
The following appeal of Rev. Francis NJ.
Todd from the recent action OF the Presby-
terry Of Washington city in his case was to-
day, In the absence of Rev. DIR. Bittenger,
the stated clerk OF the Presbytery, filed with
the moderator Of the Presbytery, Rev. John
L. French, by Rev. DIR. Sunderland, the
counsel Of Mr.. Todd:
I. the undersigned Francis NJ. Todd, appeal
from the final Judgment of Washington.City
Presbytery in my case to the Synod of Blltt-
more upon the following grounds:
Presbytery Of washington city in the finding
and form of Judgment In my case entered upon
the record. .lUnder Chap Q. Sec. 05.
rns yofs naSs Of the SSn Sy nearly two
that the judgment shall be entered according
Nn, !S The nd,in8 which should simply have been
8. This form of the judgment contains sur.
plusage calculated to confuse and to mislead
In regard to the actual finding by the vote, aud
renders possible construction OF censure after
my acquittal by the court.
4. From the records of the court It appears
that two members of the judicial committee
who assisted in formulating the judgment as 1t
is entered were members of the minority Of the
report who voted to convict me. Aud sub
nit whether, after had been acquitted, any
member of the minority, who voted against me
should have been permitted to have any part
in formulating the final judgment
amounts to the old Scotch verdict Of "not
proven" which species of verdict is unknown
simply saying, 1--WE believe no is guilty, but
the book does not permit us to say So" or,
otherwise. 1t is saying, ave would gladly con-
Being insufficient. as we confess, we desire to
express our confidence In the story of the prin-
oipal witness, notwithstanding that we are
forced 10 acquit the accused"
9. Furthermore, 1t ls irregular In this, that
when the roll was called for the vote to 'sus-
tain" or mot sustain the records show that
not In single instance was any reason given
which he voted, and the records also show
that no such reasons wero recorded or required
TO be recorded by any individual. although on
the recommendation of the judicial committee
the court adopted the following order "rhat
each member have the right, when called on
for his vote, to explain his reasons therefor,
and, If he 50 desire, have those reasons en-
tered, In brief, on the record. This omission
| to have reasons recorded in connection with
the vote, which was nearly two'third vote for
acquittal, was irregularly sought to be supplied
on the record, thus depriying mo OF clear
verdict OF acauittal, to which was justly en-
For the above reasons and others that may
appear before synod the undersigned takes his
appeal under the provisions Of our book OF
discipline, and reserving all the rights which.
en Rs s e g H@ s"a
this apPSeE e. length upon the recS
Per Counsel. B. suNDERLAND.
In this connection it might be well to
state that a few days ago DR.. Sunderland,
DESTROYS of knowing how the verdict OF the
court had been received by one
who is, possibly. the most emi
nent ecclesiastical lawyer in the
Presbyterian Church-the Rev. Samuel L
Spear-wrote to him, sending him copy OF
the record and ali the evidence in the case.
L DR.. Spear Will be remembered as the divine
who SO ably defended the Rev. T. De witt
Talmage when he was tried by the ecclesl-
astical court some years ago. DR.. Spears
reply was as follows:
BROOKLYN, July !, 70 S87-MY DEAR BROTHER
Your letter has come to hand, and finds me toe
much Of an Invalid to do more than answer II
The Judgment in Todds case consists In the
vote by which he was acquitted and left hin
as he would have been II he had not beer
charged or tried at all. The vote legally ended
the case, and all that was necessary was simply
to make record OF that vote.
II, however. the Presbytcry chose to make
an u record as Pses6yeTss do
say anything in this additional record that
directly or indirectly, reflected upon the char.
acter OF the man whom It had Just acquitted
and by that acquittal had declared innocent o.
the charges brought against him. If some of
the members had their suspicious adverse to
Mr.. Todd, or ifsome OF them voted for his con
viction, then these suspicious or adverse votes
| should have found no expression whatever In
such additional record. The act of the Pres
bytery, as such, consists In the decision rend
rendered or not
Such, briefly, is my judgment in view OF the
| facts as you present them. / think your posi-.
ton imPyegnable and your exceptions well